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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I have split. We are not married. Joint

Resolved Question:

My partner and I have split. We are not married. Joint mortgage house value £150000 mortgage left £56000. We have 2 children 12 and 9. I earn a low wage £14000 pa. can he make me sell our home. Even with equity I could not afford to buy again. He wants his share. Mortgage has always been paid out of my single bank account. He has paid a set fee into my bank over the years each month. No joint bank account. Please help. What are my options. Thanks.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Who will the children live with?

How much would a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 8 months ago.
Children will live with me, cheaper 3 bed property would be £120000but in poor state and bad area
Expert:  Clare replied 8 months ago.

Under property law your ex can apply for a n Order for the sale of the property so that he can receive his share of the equity.

However under Schedule 1 of the Children Act your ex is under a duty to help you house the children until they are 18.

On that basis he will not be able to force a sale until your youngest is 18 - or you cohabit.

I hope that this is of assistance - please ask if you need further details

Customer: replied 8 months ago.
Until the children are 18 who would be liable to pay the remaining mortgage if I stay in house with kids. Would it be me and he would have a percentage share equal to his share at the time of the split? When children are 18 I would sell and give him that percentage of the current market value?
Customer: replied 8 months ago.
Please can you answer my latest question sent at 9.33am.
Expert:  Clare replied 8 months ago.

My apologies I have been in Court all day

Is it a repayment or an Interest only mortgage?

Customer: replied 8 months ago.
Repayment, I would like to separate our finances as much as possible
Expert:  Clare replied 8 months ago.

If you live in the property then your ex will be expected to pay child maintenance and you will be expected to pay all of the mortgage.

You can however claim credit for any capital you pay off the mortgage when the house is eventually sold

Customer: replied 8 months ago.
Do I need to inform the mortgage company?
Do I need to get a solicitor to put it in writing for us both to sign?
Thank you
Expert:  Clare replied 8 months ago.

You do not need to tell the mortgage company.

A signed agreement would be wise - but not essential

Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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